Iroquois Passport woes continue

The topic of Iroquois Passports being listed as a ‘fantasy’ document has once again reached the headlines of the National spotlight. The last time this topic reached this magnitude was in relation last summer’s Iroquois Nationals stand against the British while trying to travel to the World Indoor Lacrosse championship.

This time around the passport in question doesn’t belong to an entire lacrosse team, but to one local Akwesasne woman who is standing against those who try to tell her that the document is a ‘fantasy document’ issued by a ‘non-existent, fictitious or unrecognized entity or country that no longer exists.’ The problem with this classification is that the members of the Haudenosaunee people know that they do exist and should be recognized.

On June 11, 2011 Tekahnawiiaks (Joyce King) was traveling with her sister to the City of Cornwall in order to attend the Rachel’s Kids fundraiser, where she ended up sponsoring a child from Sri Lanka. As she approached the ‘temporary’ port of entry at the end of the north span of the Three Nations Bridge crossing, the Border Service Officer asked her to produce identification. Tekahnawiiaks asked for clarification over what piece of identification she should produced and was told any form would be acceptable. The most convenient for at that time was her Haudenosaunee (Iroquois) passport, as her Driver’s License had expired and she possessed only an interim license. The Officer then instructed her sister, who was driving, to pull into secondary inspection. Once inside another Officer told Tekahnawiiaks to sit down and wait for someone to address her. Eventually Tekahnawiiaks was informed that her identification was being confiscated as a ‘fantasy document’, and she would be required to produce another form of identification. As with many Akwesasronon when traveling through the game began of which card would be accepted that day, having produced her Tribal ID card (which was also denied) and then finally her INAC issued status card.

“It felt to me like the old residential school ways,” said Tekahnawiiaks, reflecting on the incident. “Taking my identity and then switching it with the INAC status card.”

This incident also tends to stir up discussions over the other claims that had been made against the CBSA when they had been located on Kawehno:ke.

Although privacy regulations prevent the CBSA from commenting directly on this case, they have indicated that a passport is not mandatory for entry into Canada but it is a preferable piece of identification. Other acceptable identification includes an enhanced driver’s license, a birth certificate with accompanying photo ID such as a regular driver’s license, a permanent residence card, a citizenship card or a certificate of Indian Status, or a NEXUS card or Free and Secure Trade (FAST) card when traveling by land or boat. The Haudenosaunee Passport is not recognized as a valid piece of identification for entry/re-entry into Canada under Immigration and Refugee Protection Act (IRPA).

Same Story, Different Ending

Surrounding communities are also feeling the impact of the effort to increase border security in Canada. On May 30, two weeks before the incident with Tekahnawiiaks, a fisherman from Thousand Islands had his boat confiscated for entering into Canadian waters without reporting in via a CBSA phone box. The boater believed that as long as he did not anchor off his boat and did not step on Canadian soil, he would be ok to fish and return back to the U.S. without reporting. This man then had his boat ripped apart by officers, and he was required to pay a $1,000 fine to keep his boat. The story of this incident quickly traveled and the business community in that region began to worry over their annual carp tournament, which annually draws a large crowd of tourists to the region. Armed with the case of socio-economic woes that would befall on the region should this rule be reinforced the local politicians began lobbying to work with CBSA and Canada to find solutions.

After discussions with NYS representatives and Canada officials, a fact sheet was released outlining the following: “While the law has not changed, the Canada Border Services Agency (CBSA) has modernized its reporting requirements for pleasure craft entering Canadian waters, in an effort to make it easier for private boaters to comply with reporting requirements.”

“The CBSA committed to undertaking a review of the telephone reporting procedures for marine arrivals of pleasure craft. The result of the review was the simplified cell phone reporting for certain classes of private boaters,” said a CBSA representative when asked about the change in policy. “The only boaters who are permitted to report to the CBSA by way of a cellular telephone are Canadian citizens and permanent residents who have not landed on U.S. soil; and U.S. citizens and permanent residents who do not plan on landing on Canadian soil. This revised procedure was communicated to the border services officers via an operational bulletin, and made available to the public via a Fact Sheet on the CBSA website.”

As this story began hitting the newspaper around the North Country, Akwesasne residents began to question why the socio-economic impact of the various issues at the local port aren’t given the same considerations.

Uncertainty Remains Over Iroquois Passport Status

Canada and CBSA remain steadfast over the issue of the Haudenosaunee passport. That under Subsection 140(1) of the Immigration and Refugee Protection Act (IRPA), the CBSA is authorized to seize and hold any document that gives the border services officer reason to believe that the document was fraudulently or improperly used, or that the seizure is necessary in preventing fraudulent or improper use of the document.

“CBSA officers are highly trained in investigative and examination techniques for persons, goods and documents, and work diligently to ensure the laws of Canada are respected by all those wishing to enter the country,” said a CBSA representative.

Recently CBSA has tried to bridge the gap between itself and the Akwesasne community and made a positive step forward by creating an Aboriginal Liaison position.

“I have to wait 60 days before I can apply to get my passport back,” said Tekahnawiiaks. “I just want to make sure that the public knows that if a situation like this is happening, that they should remain calm and document what is going on.”

Anyone is free to file a complaint with either the CBSA or with the Canadian Human Rights Commission. The Mohawk Council of Akwesasne has been assisting community members when they go to file their claims and can be reached at 613-575-2250.

“This is a form of trying to fit us into a box,” said Tekahnawiiaks in another interview with the National Post. “It’s about not recognizing that we still exist — that there’s a Mohawk nation.”